Culpable Homicide

Question 1

what is the definition of CH

Answer 1

applied to cases where the death of a person is caused, or accelerated, by the improper conduct of another and where the guilt doesn’t come up to the crime of murder

Question 2

what does Drury v HMA state about CH

Answer 2

culpable homicide covers the killing of human beings in all circumstances short of murder, where the criminal law attaches a relevant measure of blame to the person who kills

Question 3

what is the definition of murder

Answer 3

any wilful act causing the destruction of life, whether wickedly intended to kill, or displaying such wicked recklessness as to imply a disposition depraved enough to be regardless of consequences

Question 4

mens rea of CH

Answer 4

• the ‘forbidden behaviour’ is not criminal unless performed with the requisite mental state
• Only if the MR for murder is in some way diminished does the lesser charge of culpable homicide become the correct one

Question 5

The 4 categories of culpable homicide

Answer 5

• Assault type
• Involuntary by an unlawful act
• Involuntary by a lawful act
• Voluntary act

Question 6

what is assault type

Answer 6

• Death brought by a deliberate unlawful act, e.g, assault
• Death is causally linked to an assault, but may not be the foreseeable outcome of the assault
• MR doesn’t satisfy the ‘wicked intention to kill’ required for murder

Question 7

is foreseeability relevant in CH assault type

Answer 7

• Foreseeability is irrelevant
• assault type culpable homicide is death caused by any intentional unlawful act. Immaterial whether death was the foreseebale result of that act

Question 8

case facts of Bird v HMA

Answer 8

Accused assumed the risk of liability for death by committing the assault

Question 9

case facts of HMA v Hartley 1989

Answer 9

Death occurred but there was an absence of wicked recklessness in accused’s actions

Question 10

what is the defence of provocation

Answer 10

• Partial defence, may reduce the level of culpability from murder to culpable homicide
• Can’t reduce criminal liability from culpable homicide to assault

Question 11

what are the requirements for provocation

Answer 11

• Must be either a serious physical attack, or evidence of adultery
• Loss of control exhibited
• Response must be immediate
• Proportionate response by the accused

Question 12

case facts of McDermott v HMA 1973

Answer 12

• A lost self-control when he discovered his partner had an association with another man
• Provocation was no excuse, but accepted as mitigation
• Charge reduced from murder to culpable homicide on basis of evidence led
• Lack of necessary MR for murder

Question 13

definition of involuntary culpable homicide by an unlawful act

Answer 13

• A commits a crime and through their criminal actions causes a death, even if it was unintentional
• However, death would have been foreseeable (intention to harm)

Question 14

actus reus and mens rea of involuntary culpable homicide by an unlawful act

Answer 14

• AR; unlawful act
• MR; recklessness, unlawful act is carried in such a manner that injury is foreseeable

Question 15

case facts of Mathieson v HMA 1981

Answer 15

• Unlawful act of reckless fire raising resulted in death
• A found liable of CH

Question 16

case facts of Lord Advocate’s reference (No1 of 1994)

Answer 16

• supply of prescribed drugs
• A was charged with supplying a controlled drug to the V
• Does taken by V was fatal
• Trial judge was wrong to acquit the accused of culpable homicide – he was reckless and knew the dangers
• If A caused ‘real injury’ resulting in death to a 3rd party, then A must be found guilty of culpable homicide by an involuntary unlawful act

Question 17

definition of Culpable Homicide by a Lawful Act

Answer 17

Death caused by the grossly careless manner of performing an otherwise lawful act

Question 18

MR of Culpable Homicide by a Lawful Act

Answer 18

simple recklessness

Question 19

what is simple recklessness

Answer 19

sometimes referred to as gross or criminal negligence

Question 20

what is the definition of Culpable Homicide by a voluntary act

Answer 20

A has the MR for murder but can succesfully plead provocation or DM

Question 21

case for Culpable Homicide by a voluntary act and facts

Answer 21

• Drury v HMA 2001
• Evidence relating to provocation is simply one of the factors the jury should take into account determining the accused’s state of mind at the time

Question 22

when does an orgainsation commit corporate homicide

Answer 22

• The way its activities are managed cause death
• There was a gross breach of DoC owed to that person